Catering: Planning Permission

Grant Shapps: To ask the Secretary of State for Communities and Local Government what guidance  (a) her Department and  (b) the Planning Inspectorate has provided to local planning authorities on whether catering outlets can open in former retail premises without obtaining a change in use classification.

Iain Wright: Neither the Department nor the Planning Inspectorate has issued any specific guidance on this matter. However, local planning authorities can refer to "ODPM Circular 03/2005—Changes of Use of Buildings and Land" for guidance in relation to the interpretation of the Town and Country Planning (Use Classes) Order 1995, as amended.
	In general, sandwich bars would be able to open in retail premises without the need for planning permission as both of these uses fall within Class Al: Shops of the Use Classes Order. Most other types of catering outlets, such as cafes, restaurants and hot food take-away premises fall into different use classes, and are likely to require planning permission to open in premises which have been in Class Al use.
	It is for local planning authorities to determine in the first instance whether a material change of use has occurred or would occur, and also whether planning permission is required. These decisions need to be made on a case by case basis taking into account individual circumstances.